State v. Knight, 04-Ca-35 (9-26-2008)

{¶ 116} I disagree. Knight's confession was improperly induced, involuntary and inadmissible as a matter of law. First, I would find that Knight was in custody for purposes of Miranda. Although he wasMirandized, Knight clearly invoked his right to speak with an attorney and was denied that fundamental right in violation of the Ohio and U.S. Constitutions. Furthermore, the "torture of fear" was introduced by Detective Eggers in order to overbear his will by threats of the electric chair. The electric chair was not a legal possibility, as lethal injection has been the only means of execution…